Chapter 464
AN ACT
SB 215
Relating to student admission; creating new
provisions; amending ORS 339.115 and 339.133; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 339.133 is amended to read:
339.133. (1) Except as
provided in subsection (3), (4), (5) or (7) of this section, children between
the ages of 4 and 18 shall be considered resident for school purposes in the
school district in which their parents, guardians or persons in parental
relationship to them reside.
(2) Nonemancipated
individuals between the ages of 4 and 18 living outside the geographic area of
the school district for such reasons as attending college, military service,
hospital confinement or employment away from home shall be considered resident
in the district in which their parents, guardians or persons in parental
relationship to them reside.
(3) Individuals
considered legally emancipated from their parents shall be considered resident
in the district in which they actually reside, irrespective of the residence of
their parents, guardians or persons in parental relationship.
(4) Children placed by
public or private agencies who are living in substitute care programs licensed,
certified or approved shall be considered resident in the school district in
which they reside by placement of the public or private agency.
(5)(a) Notwithstanding
subsection (4) of this section, when a juvenile court determines that it is in
a child’s best interest to continue to attend the school that the child
attended prior to placement by a public agency, the child:
(A) Shall be considered
resident for school purposes in the school district in which the child resided
prior to the placement; and
(B) May continue to
attend the school the child attended prior to the placement through the highest
grade level of the school.
(b) The public agency
that has placed the child shall be responsible for providing the child with
transportation to and from school when the need for transportation is due to
the placement by the public agency.
(c) Paragraph (b) of
this subsection applies only to a public agency for which funds have been
designated for the specific purpose of providing a child with transportation to
and from school under this subsection.
(6) Persons living
temporarily in a school district for the primary purpose of attending a
district school may not be considered legally resident of the district in which
they are living temporarily, but shall be considered resident in the district
in which they, their parents, guardians or persons in parental relationship to
them maintain residency.
(7) Except as provided
in ORS 327.006 (7) and 335.090, persons whose legal residence is not within the district but who attend school in the
district with the written consent of the affected district school boards shall
be considered to be residents of the district in which the person attends
school for purposes of the receipt by that district of State School Fund moneys
for the person.
(8) For the purposes of
[subsection (4) of] this section[,]:
(a) “Person in parental
relationship” means an adult who has physical custody of a child or resides in
the same household as the child, interacts with the child daily, provides the
child with food, clothing, shelter and incidental necessaries and provides the
child with necessary care, education and discipline. “Person in parental
relationship” does not mean a person with a power of attorney or other written
delegation of parental responsibilities if the person does not have other
evidence of a parental relationship.
(b) “Substitute care program” means family
foster care, family group home care, parole foster care, family shelter care,
adolescent shelter care and professional group care.
SECTION 2. ORS 339.115 is amended to read:
339.115. (1) Except as
provided in ORS 339.141, authorizing tuition for courses not part of the
regular school program, the district school board shall admit free of charge to
the schools of the district all persons between the ages of 5 and 19 who reside
within the school district. A person whose 19th birthday occurs during the
school year shall continue to be eligible for a free and appropriate public
education for the remainder of the school year. A district school board may
admit nonresident persons, determine who is not a resident of the district and
fix rates of tuition for nonresidents.
(2)(a) A district
must admit an otherwise eligible person who has not yet attained 21 years of
age prior to the beginning of the current school year if the person is[:]
[(a)] receiving special education and has
not yet received a regular high school diploma[; or].
(b) A district may
admit an otherwise eligible person who is not receiving special education and
who has not yet attained 21 years of age prior to the beginning of the current
school year if the person is shown to be in need of additional education in
order to receive a diploma.
(3) The obligation to
make a free appropriate public education available to individuals with
disabilities 18 through 21 years of age who are incarcerated in an adult
correctional facility applies only to those individuals who, in their last
educational placement prior to their incarceration in the adult correctional
facility:
(a) Were identified as
being a child with a disability as defined in ORS 343.035; or
(b) Had an
individualized education program as described in ORS 343.151.
(4) For purposes of
subsection (3) of this section, “adult correctional facility” means:
(a) A local correctional
facility as defined in ORS 169.005;
(b) A regional
correctional facility as defined in ORS 169.620; or
(c) A Department of
Corrections institution as defined in ORS 421.005.
(5) An otherwise
eligible person under subsection (2) of this section whose 21st birthday occurs
during the school year shall continue to be eligible for a free appropriate
public education for the remainder of the school year.
(6) The person may apply
to the board of directors of the school district of residence for admission
after the 19th birthday as provided in subsection (1) of this section. A person
aggrieved by a decision of the local board may appeal to the State Board of
Education. The decision of the state board is final and not subject to appeal.
(7) Notwithstanding ORS
339.133 (1), a school district shall not exclude from admission a child located
in the district solely because the child does not have a fixed place of
residence or solely because the child is not under the supervision of a parent,
guardian or person in a parental relationship.
(8) Notwithstanding
subsection (1) of this section, a school district:
(a)
May for the remaining period of an expulsion deny admission to the regular
school to a resident student who is expelled from another school district; and
(b) Shall for at least one
calendar year from the date of the expulsion and if the expulsion is for more
than one calendar year, may for the remaining period of time deny admission to
the regular school program to a student who is under expulsion from another
school district for an offense that constitutes a violation of a school
district policy adopted pursuant to ORS 339.250 (6).
(9) A child entering the
first grade during the fall term shall be considered to be six years of age if
the sixth birthday of the child occurs on or before September 1. A child
entering kindergarten during the fall term shall be considered to be five years
of age if the fifth birthday of the child occurs on or before September 1.
However, nothing in this section prevents a district school board from admitting
free of charge a child whose needs for cognitive, social and physical
development would best be met in the school program, as defined by policies of
the district school board, to enter school even though the child has not
attained the minimum age requirement but is a resident of the district.
SECTION 3. The amendments to ORS 339.115 and 339.133 by
sections 1 and 2 of this 2007 Act first apply to the 2007-2008 school year.
SECTION 4. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date July 1, 2007
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